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PEOPLE (PERDUE) v. JABLONSKY

174 Misc.2d 604 (1997)

665 N.Y.S.2d 827

The People of the State of New York ex rel. Antonio Perdue, Nesean Arrington and Christopher Itua, Petitioners, v. Joseph Jablonsky, as Warden of Nassau County Jail, et al., Respondents. The People of the State of New York ex rel. Edward Clemente, Jose Morales and Scott Arroyo, Petitioners, v. Joseph Jablonsky, as Warden of Nassau County Jail, et al., Respondents.

Supreme Court, Nassau County.

October 29, 1997

Attorney(s) appearing for the Case

Legal Aid Society, Hempstead (Eric D. Levy of counsel), for petitioners. Owen B. Walsh, County Attorney of Nassau County, Mineola (Katrina Brooks of counsel), for Joseph Jablonsky, respondent. Dennis C. Vacco, Attorney-General, Mineola (Bernadine M. Koch of counsel), for Glenn S. Goord, Commissioner of New York State Department of Correctional Services, respondent.

VICTOR M. ORT, J.

In these habeas corpus petitions, petitioners, State-ready inmates, seek to compel respondent Commissioner of the New York State Department of Correctional Services (DOCS) to accept them into the State prison system. Petitioners Perdue, Arrington, and Itua who were all sentenced to State prison, ask to be transferred to the State system or, in the alternative, to be credited with "work release...

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